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How to Prove a Driver’s Texting while Driving Caused Your Accident

Texting while driving has proven to be an extremely dangerous and deadly behavior. Most states have some ban or regulations on using handheld devices while driving, including Ohio. If you were injured in an accident that was caused by another driver who was texting while driving, you would likely have a justifiable reason to file a claim or lawsuit against the driver to recover your damages.

You’ll need to be able to prove that s/he was texting while driving, though. Indeed, one can only prove negligence like texting and driving through the driver’s admission of fault (which is not likely to happen), or by subpoenaing the driver’s phone records. The latter usually necessitates an attorney.

Texting while Driving Laws in Ohio

Ohio revamped its texting while driving laws in June 2012. The new legislation states that’s all drivers under age 18 are completely banned from using any electronic wireless communications device for any purpose while driving. Using a hands-free GPS or making an emergency call are permitted.

Furthermore, it’s illegal for all adult drivers to use a handheld electronic wireless communications device to do the following while driving (including waiting at a stoplight).

  • Write
  • Send
  • Read

This rule is not too different from the federal texting while driving rules for truck drivers. Unfortunately, the law is still vague about what types of activities on handheld devices are permissible, and it’s difficult to prove without getting your hands on the actual phone or phone record.

Those caught in violation of Ohio’s texting while driving laws will be cited with a minor misdemeanor charge, punishable by up to $150 in fines. Above and beyond the criminal accusation, wrongdoers will be subject to civil liabilities if their actions caused another person harm.

The Dangers of Texting while Driving

According to the National Highway Traffic Safety Administration, more than 3,300 people were killed and 387,000 were injured in crashes in 2011 involving a distracted driver. It’s simply impossible to safely pilot a vehicle and be alert to dangers if your eyes are on your phone.

Texting while driving takes your eyes off the road for approximately five seconds. If you’re traveling at 55 miles per hour, this means that you will necessarily be operating blindly for the entire length of a football field that is more than enough time for tragedy to strike.

Despite all of the national initiatives to reduce texting while driving, many drivers just do not obey the law. At any given moment across America during the day, an estimated 660,000 drivers are using cell phones, the NHTSA reports.

Attorney Bressman Can Help You Prove Liability

If you were injured in a crash, proving the other drivers’ negligence is paramount to your case’s success. You are welcomed to call Bressman Law in Ohio for help with your case. Our team can help preserve evidence you need to substantiate your claim and help you pursue the maximum amount of compensation possible.

Call us today at (614) 538-1116 for a free, no-obligation consultation.

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